Suchergebnisse

Economic regulation is a way for interest groups to gain rent by reducing competition. However, regulations are often understood as anti-signatures. This is due to a lack of economic knowledge combined with an inability to process information about the real costs of average regulations on the part of the citizen. As a result, we often find ourselves in a dynamic where the real motivation behind regulations is rarely recognized and, in this way, interest groups benefit by not paying their costs. Traditional methods of dealing with regulatory quality are not working. Therefore, this article proposes a way to address this problem: to put the cost of regulation where the benefits are, i.e., on the industry or other stakeholders that are the main beneficiaries of the regulation, and to analyze the elements of the proposed regulation from an ius-economic approach and study case studies related to the situation of Peruvian universities. This is done through a descriptive, legal-theoretical, and economic methodology based on a review of contemporary literature. Finally, consider the creation of a tax for the interest groups that benefit from the regulations. While this idea is not new, it has not yet been implemented or described operationally. This commentary is an effort to bring this idea into academic and public debate.

This article refers to a theoretical revision of the term Rule of Law and the concept of soft rule of law. It focuses on human rights as an essential element of the Rule of Law, the interaction between democracy and the challenges faced by the Rule of Law in a consolidated democracy. Finally, as an example, it introduces a brief reflection on the current institutional problems of Peru and Ecuador, pertinent for a better understanding of the interactions between the Rule of Law and the Soft Rule of Law. ; Este artículo efectúa una revisión teórica del término Rule of Law (que puede entenderse como 'Gobierno conforme al Derecho') y el concepto de Soft Rule of Law ('Estado de Legalidad'). Se centra en los derechos humanos como un elemento esencial del gobierno conforme al derecho; además, la interacción entre la democracia y los desafíos que enfrenta el gobierno conforme al derecho en una democracia consolidada. Finalmente, a modo de ejemplo y con propósito descriptivo, presenta una breve reflexión sobre los problemas institucionales actuales de Perú y Ecuador, relevantes para entender las interacciones el Rule of Law y el Soft Rule of Law.

The power of the government rather than limiting it), human rights and democracy. Therefore, this paper will explore the following research questions: 1. Is the current macro legal framework in Peru and Ecuador consistent with what is generally defined as Rule of Law or is it more related to what is known as Soft Rule of Law? 2. To what extend does a theoretical analysis support the prevailing of a Soft Rule of Law in Ecuador and Peru? This paper has been divided into seven sections. Section one refers to a theoretical revision of the term Rule of Law, section two presents on the concept of soft rule of law, section three focuses on human rights as an essential element of the Rule of Law, section four explores the interaction between democracy and the Rule of Law, section five refers to the challenges faced by the Rule of Law in a consolidated democracy, section six presents, as an example, a brief reflection on the current problems of Peru and Ecuador and finally the paper's conclusions are submitted. ; Campus Lima Centro